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Legal Update 5 of 2026

    Home Legal Updates Legal Update 5 of 2026
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    Legal Update 5 of 2026

    By jhjadmin | Legal Updates | 0 comment | 10 March, 2026 | 0

    “Whether the property developer could be held liable for misrepresentation made by its sales agents regarding a guaranteed rental return scheme which induced the purchasers to buy condominium units”

    CASE:

    I-Marcom Sdn Bhd v. Resham Singh a/l Naranjan Singh & Ors [2025] MLJU 2923

    BRIEF FACTS:

    • I-Marcom Sdn Bhd was the developer of a condominium project known as “8 Kia Peng” in Kuala Lumpur.

    • Resham Singh and his family members were interested in purchasing properties near KLCC for investment purposes.

    • A real estate agent introduced the project to them and informed them that the units came with a guaranteed rental return scheme [GRR], meaning the purchasers would receive guaranteed rental income.

    • The GRR promised was for 5 years from the date vacant possession was delivered and at 5% per annum based on the purchase price.

    • The representations were made by Ms. Beh an Estate Agent and Edward Lim from TE Asia Properties Group Sdn Bhd [TEA] who were apparently the exclusive agent for the project.

    • Resham and his family members signed a Details of Purchase form for each unit and the Conditional Ownership Package Plan Forms [COPP] which contained the discounts, alleged representations and details of the property which were filled by Ms. Beh.

    • Based on these representations, the purchasers bought four condominium units in the project.

    • Later, the promised rental returns did not materialise.

    • The purchasers claimed that they were misled by the representations made during the sales process, and they filed a lawsuit against the developer for the losses suffered.

    • I-Marcom the developer claimed by a letter dated 10 July 2020 that they had no knowledge of the GRR Scheme and that they had not entered into any GRR Scheme with any purchasers.

    • They further claimed that they did not consent or authorise TEA to enter into any GRR Scheme with any purchasers.

    DECISION OF THE HIGH COURT (HC)

    • The High Court allowed the purchasers’ claim.

    • The Court found that the purchasers had relied on the representations made by the agents regarding the rental return scheme when deciding to buy the units.

    • The Court held that the developer was responsible for the misrepresentation, as the agents were involved in promoting the project.

    • The Court found that the surrounding circumstances indicated that TEA had the authority to act as the agent for I-Marcom the developer.

    • As a result, the Court ordered that the purchasers were entitled to damages for the losses suffered.

    • The Court ordered the developer to pay about RM400,000.00 to each of the Purchasers.

    • The developer appealed against the decision.

    DECISION OF THE COURT OF APPEAL (COA)

    • The Court of Appeal dismissed the appeal.

    • The Court agreed that the purchasers had been induced to buy the properties based on representations about the rental return scheme.

    • The Court held that the developer could not avoid liability for the statements made by the agents involved in marketing the project.

    • Therefore, the High Court’s decision awarding damages to the purchasers was upheld.
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